Judicial retirement system is a demonstrated success

No one would argue that our state budget suffers in an economic downturn. However, during these dismal economic times, crimes are still committed, children still suffer neglect and abuse, and the caseload of the state’s judicial system continues to grow.

With legislative budget cuts and administrative belt tightening, how has Idaho’s judiciary managed this economic crisis? Many would say extraordinarily well, given that it has had the ability to obtain and retain senior judges through a unique retirement system that has unequivocally demonstrated its success.

Senior judges, many of whom are retired former justices of the Supreme Court, Court of Appeals judges, and district judges currently have an option of serving as “Plan B” senior judges. These senior judges serve for 35 days per year for five years in exchange for the increased retirement benefits from the judges’ retirement fund currently in place. These senior judges serve at no compensation cost to the General Fund, other than some travel and per diem expenses.

In fiscal year 2011, eight “Plan B” senior judges served a total of 315 days with a minimal impact on the General Fund.

Senior judges other than “Plan B” judges are paid from the general fund but only receive 85 percent of the daily salary of the state’s active judges. In FY2011, these senior judges worked a total of 1,936 days, or the equivalent of nine additional full time judgeships. The Supreme Court’s use of the senior judge system in this fashion has worked a significant and marked savings to the citizens of our State and to the already stressed state General Fund.

The cornerstone of this economic and practical success has been, and remains, the judicial retirement system, which the Idaho Legislature wisely adopted. Why has this been successful?

Few would argue that if it is their case they want the most qualified judge to hear their case. Members of the business community can certainly understand that if they want their business dispute, foreclosure, collection action, or business dissolution dispute resolved both quickly, and correctly, the quality of the membership of our state’s judiciary will be at the center of that discussion. When the statutory and constitutional time limits on the ever-expanding criminal calendars kick in, leaving civil disputes to follow when judges become available, having the cadre of experienced senior trial judges pick up that load is an invaluable resource to the state.

Moreover, few would argue that it’s difficult to recruit qualified attorneys to the judiciary given the current salary levels paid to judges in Idaho. The National Center for State Courts published a survey of judicial salaries nationwide. In that survey, not surprisingly, Idaho ranks near the bottom of the barrel in judicial salaries depending upon the type of judicial position, ranking 47th out of 50 in one category and 35th and 37th respectively in two additional categories.

Qualified attorneys are attracted to the Idaho judiciary by the well-thought-out judicial retirement system implemented by the Idaho Legislature.

In addition to saving the citizens the equivalent of nine full-time positions, the senior judges have allowed the Idaho Supreme Court to hold a number of judgeship positions open to meet the budget crisis. Meanwhile, the number of senior judge work days has increased by 25 percent over the past five years.

It takes little imagination to contemplate the real social and financial cost of doing away with the judicial retirement system we have in place. Perhaps striving to be Number 50 with the lowest level of judicial compensation in the United States can be achieved, but who will measure the level of loss to the citizens of Idaho?

Full disclosure: Through my former wife’s job as chief justice of the Idaho Supreme Court, I receive a small amount from the judicial retirement system. But neither my benefits nor hers would be affected by the current effort to modify the system.

Kim J. Trout is a partner at Trout Jones Gledhill Fuhrman Gourley, P.A. Kim specializes in guiding all levels of clients through their business ventures and litigation. ktrout@idalaw.com

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